[ media theories and models ]

What is MIL?
— essential competencies (knowledge, skills, attitude) that allow citizens to engage with
media and other information providers effectively and develop critical thinking and life
long learning skills
— composite concepts = contains various literacy

What are the positive effects of MIL

— constructs of MIL

dictates the overall approach in evaluating the implication or significance of MIL in

various levels:

individual

institutional — promote media literacy, the must understand that they provide to
the public affects the way we behave (institutions = family, education, religion,
the economy and work, government, and health care)

societal

FIVE CHARACTERISTICS OF MEDIA

1. Media are CONSTRUCTS

—all content that you see in media is carefully and created with an intended
message in mind

[ media theories and models ] 1

 — it is important and scrutinize the objective
— media are crafted with an intended message in mind

2. Media Industry is MOSTLY A BUSINESS

— majority of media organizations as business entities with the purpose of turning a
profit from their outputs or products

3. Audiences NEGOTIATE MEANING

— we interpret media texts differently based on our own contexts and life
experiences. so it is important to question your personal biases and prejudices
when decoding media messages

4. Media are SOCIAL AND POLITICAL

— media contain value messages which may serve as an observation, a reflection,
or a critique of what is happening in the society

5. Various Media use various aesthetics

— different media forms have different content and aesthetical standards. each
form has its own elements, tools, how the story is told. it is important to know the
different codes and conventions in creating various media to decode embedded
messages

What roles does media play in the society?

FIVE THEORIES AND MODELS OF MEDIA

1. Agenda-Setting Theory

establish the three concepts

reality — world is too big or too complex

media reality — power to determine which stories are more important (news
values), media structures the world for us, they set the agenda

public perception of reality — public agenda is influenced by media agenda

Maxwell McCombs and Donald Shaw (1972)

two basic assumptions:

the press and the media do not reflect reality, they filter and shape it

media concentration on a few issues and subjects leads the public to perceive
those issues as more important than other issues

[ media theories and models ] 2

 2. Uses and Gratification Theory

audiences choose to consume a media product based on specific needs including:

personal identity — audiences look for media aligned with their personal values
and ideological beliefs

information — audiences want to learn or seek advice from a medium

entertainment — audiences are looking for diversion

social integration — they want to connect with their family, friends, and other
parts of their social circle

3. Cultivation Theory

George Gerbner (1976)

media, particularly television cultivates in its audiences a way of sensing and seeing
the world

you are what you watch — we are influenced by the kind of media we consumed

we believe in certain attitudes depending on the media which we display

two distinct levels of cultivation:

general beliefs about the world

specific attitudes, such as hatred or reverence for law and order

particularly about violence

4. Three Modes of Reading

David Morley (1980)

how we interpret our reading

[ media theories and models ] 3

 Dominated Reading — accept the encoded meaning and reproduces it
(positive, readers tend to accept the meaning of the message)

Negotiated Reading — partially accepts the encoded meaning but some

modified parts

Oppositional Reading — takes the oppositional to the preferred reading or

encoded messages

5. Propaganda Model

Edward Herman and Noam Chomsky (1988)

manufacturing consent

money and power are able to filter out the news fit to print, marginalize dissent, and
allow government and dominant private interests to get their messages across the
public

news has been already filtered before we create our opinion

five filters of mass media machine or five news filter

media organization’s size, ownership, and profit orientation

— if the information will not sell well to the public, the media would not publish it
— profit will always be their motivation
— endgame = profit, it is in their interest is to bring profit

advertising
—advertisers purchases the audience
— when the story affect the advertisers hindi na ipupublish yung story
— fills in the gaps we don’t know

mass media news and sources

— has complicity
— if you are not able to have a relationship with your source, wala kang story or
information for your article
— belief is being compromised
— controlled by people in power and influence

flak and enforcers

— instead of being critical of the government affair, it tends to send a chilling
effect and tends to silence the media
— how powerful people and powerful institutions try to silence people
— media is used to please the people in power

ideology and fear-mongering

— to fear help corral public opinions
— terrorism and communism as the boogeyman
— example: community pantry — it was described as recruitment in the
communist party

[ media theories and models ] 4

 https://www.youtube.com/watch?v=34LGPIXvU5M

— market model = protection of market

(Media Industry is MOSTLY A
BUSINESS)
— public sphere = uphold democracy to
make an informed decision

[ media theories and models ] 5

 [ media types ]
Traditional Media

1. Print — what is written or physically distributed

2. Broadcast — casting information to a broad audience

3. Film

New Media

technologies = internet source of information

Kinds of Social Media

Print-based
— microblogging = twitter

Audio-based
— spotify

Photo-based
— instagram

Video-based
— youtube or tiktok

Relevance of Social Media

— we cannot deny that the media is part of our day-to-day lives

personal communications

business and customer care tools

social services and governance

educational toolds

advocacy campaigns for social change

traditional media coverage and social media entertainment

[ media types ] 1
 Media Convergence

journalism + internet = blogging

broadcasting + internet = podcast

film + internet = youtube

New Media Users

the digital native

— who have been on the internet from childhood

the digital immigrant

— born prior to the internet

technophobic
— feared the advance of technology

Globalization VS Glocalization

globalization — local media to international scale

glocalization — global media adapting to local practices or culture (example: MTV

PH and CNN PH)

Archipelagic VS Manila-Centric

archipelagic — local news in the province or outside manila — Cebu Daily News,
TV Patrol Davao

manila-centric — concentration of news that are focused in manila

Mainstream VS Alternative VS State-Owned

mainstream — operated by large corporation (ABS-CBN and GMA)

alternative — not mainstream, not state-owned, provide alternative content left by

mainstream or state-owned

state-owned — controlled and owned by the government (Philippine News Agency)

[ media types ] 2
 Syndication
— rights to content is bought for local broadcast or consumption

Media Synergy
— synergy is the concept that the combined value and performance of two companies
will be greater than the sum of the separate individual parts

two companies collaborating

for disney, such cross-promotion—speak as synergy where two or more divisions of

a company increase value by working together — is business as usual (Disneyland
is just a large advertisement for Disney)

Horizontal Integration VS Vertical Integration

integration — merging or acquisition

horizontal integration — acquires their competitors, corporations acquiring similar

corporations, kill competition to have full dominance in the market (jollibee and
mang inasal, and facebook and instagram

vertical integration — company owning different businesses in the same chain of

production and distribution, process of acquiring business operations within the
same production vertical (ikea buying a forest for their furniture, and abs-cbn with
star magic, star cinema, dreamscape, iwanttv)

Kapisanan ng mga Broadkaster sa Movie and TV Review Classification

Pilipinas Board (MTRCB)
— organization of media institutions and — government-mandated institution
practitioners, which has its agreed ethical which is takes with reviewing all materials
manual and rules for operations prior broadcast

Broad Audience
— big film studios often use this targeting to garner more ticket sales

Niche Audience
— targets a specific or special subset of audiences based on:

demographics: age, gender, location

psychographics: hobbies, interests, lifestyle

[ media types ] 3
 [ media codes and conventions ]
MEDIA CODES

clues for interpretation - to understand what the media is trying to tell

what is being communicated or what is the meaning

to better interpret, analyze and appreciate

you will also improve how you communicate

carriers of meaning

SEMIOTICS OF MEDIA

Jean Baudrillard

semiotics is the study of signs and how signs represent objects, ideas, states,
situations, feelings, and conditions outside of themselves (Littlejohn and Foss,
2009)

meanings attached to them, how the symbols are chosen, carefully selected
and organized to tell us something

signs — clues for interpretation

CODES
— consists of signs that have meaning and interpretation

a. Symbolic

b. Written

c. Technical

[ media codes and conventions ] 1

 SYMBOLIC CODES

reflect what is beneath the surface of what we see in media text

example: the woman is wearing a black dress and holding a picture of a man
and suddenly bursted into tears

we see it everyday and associate meanings with it

belong to the public’s shared memory, it mirrors reality, culturally shared

they try to make sense of something

a. Setting : the time and place where a narrative or story takes place.

b. Mise en scene : everything we see in the frame, used to describe all elements in a
frame, including their arrangement. Includes set design, costume, props, staging
and rules of composition.

c. Acting: portrayal of a character through gestures, facial expressions, body

language, movement, and vocal qualities, among others.

d. Color: cultural in nature, with connotations and underlying messages. In studying

media texts, take note of dominant colors, themes, contrasts, and symbolisms of
colors used.

WRITTEN CODES

formal written language used in media outputs

it includes printed and spoken language

words, language

the bigger the font case is = more important

choice of words and how the words are presented to us

a. Printed language — is text presented within a frame.

b. Spoken language — includes dialogue and song lyrics.

TECHNICAL CODES

ways in which equipment is used to tell the story

these exist only within each kind of media output and not outside of it

a. Camerawork: angles, kinds of shots, an camera movements

b. Lighting: description of lights to be used in each scene

c. Editing: transitions and directions in putting together various elements

[ media codes and conventions ] 2

 d. Audio: dialogue, music and sound effects

CONVENTIONS
— refers to the way codes are organized in a media product

formula for content presentation or creation

FORM CONVENTIONS

ways in which audiences expect codes to be arranged.

generally accepted, if things are not done that way it is unconventional

a. Film: Title at the beginning, credits at the end. (unconventional — post credit
scenes in marvel)

b. News: Headline and lead at the beginning, most important news at the front page.

c. Video Games: Tutorials at the beginning.

STORY CONVENTIONS

we expect that the flow is exposition (introduction of characters), rising action,

climax, falling action, and resolution

if we don't see stories arranged this way they are trying to break conventions or
they are unconventional

are common structures and understandings in storytelling, such as:

a. Narrative Structure: Exposition, inciting incident, conflict, rising action, climax,

denouement, resolution and ending

b. Point of View: First person, second person, omniscient

c. Types of Conflict: Man vs. Man, Man vs. Machine, Man vs. Nature, Man vs.
Society, Man vs. Supernatural, Man vs. Self

GENRE CONVENTIONS

are common use of tropes, characters, settings or themes.

a. Horror Genre: common settings are abandoned or isolated locations, color is

predominantly dark, or use of silence and creepy sound effects

b. Romance Genre: boy meets girl story, popular urban city locations, pop music
soundtrack, voice overs, or light-colored themes and scenes

[ media codes and conventions ] 3

 [ responsible use of media and
information ]
Professional Journalism

refers to ethically practiced journalism that is guided by media law and is enjoyed
for intensively vetted information which makes it reliable [ media update ]

three characteristics of ethically practiced journalism:

verification

accountability

independence

People in Media

shares first-hand experience

media practitioners

use media forms to share information

provide information coming from their expert knowledge or firsthand experience of

events

People as Media
— share information that they have acquired to other peopke

Opinion Leaders
— highly exposed to and actively using media
—sources of viable information of messages for lower-end media
— opinions are accepted by a group
— two-step flow communication model

first observed by opinion leaders and goes to the lower ends of media
consumers

we can be influenced by opinion leaders

[ responsible use of media and information ] 1

 Citizen Journalism
— ordinary people take on the role as a journalist (report and disseminate
information)
— the collection, dissemination, and analysis of news and information by the
general public, especially bu means of the internet (Oxford Languages)
— the activity of recording or writing about news stories when this is done by
ordinary people rather than by trained reporters (Cambridge)
— journalism that is conducted by people who are not professional journalists but
who dissmenate information using web sites, blogs, and social medias (Britannica)
— fill the gap that stories left untold by the media
— taking pictures or videos of earthquakes, floods, and etc.
— examples (Britannica)

citizens in disaster zones have provided instant text and visual reporting from
the scene

people in countries where print and broadcast media are controlled by the
government have used a variety of technological tools to share information
about hot spots

fill the gaps or share stories left untold by mainstream news media

— goals and motivations (Oxford)

serving the public interest

increasing self-status

expressing their creative selves

Social Journalism
— hybrid model of journalism (alliance of professional and citizen journalists)
— a model of journalism relay that combines professional journalism with those
offered by citizen journalist of even regular audiences who post feedback, comment,
or content (such as stories and events) on their online accounts
— a model of journalism relay that combines professional journalism with those
offered by citizen journalists or even regular audiences who post feedback,
comment, or content (such as stories and events) on their online accounts

Crowdsourcing
— the practice of obtaining needed services, ideas, or content by soliciting

[ responsible use of media and information ] 2

 contributions from a large group of people and especially from the online community
— example: tripadvisor, waze, wikipedia

Source of Viable Interpretation of Messages

Characteristics of a Good Media Practitioner

1. Truthful
— should convert a message or information that is accurate, and factual
— false information can harm the reputation of others or it may cause them danger

2. Fair and objective

— information disseminated by media practitioners should be objective and based
on grounded evidence
— if information is biased or opinionated, it with deceive the public of the truth

3. Responsible and has integrity

— media practitioners are expected to show professionalism regardless of the
situation they are in. they should show a sense of responsibility and accountability
when acquiring and communicating information

4. Empathizes and sympathizes

— they should empathize when they put themselves in the shoes of those who are
in need and sympathize when the feel the sorrow of those who experience
adversisties. they should be sensitive to the needs of others

5. Hardworking
— they are expected to work hard in sourcing accurate information
— the public regards media practitioners highly so they must not compromise the
public’s interest

Society of Professional Journalists (SPJ)

Code of Ethics

fair and accurate

seek truth and report it. journalists should be honest, fair, and courageous in
gathering, reporting, and interpreting information

make a balance report

minimize harm. ethical journalists treat sources, subjects, and colleagues as

human beings deserving of respect

act independently. journalists should be free of obligations to any interest other

than the public’s right to know

be accountable and transparent. journalists are accountable to their readers,

listeners, viewers, and each other

[ responsible use of media and information ] 3

[ responsible use of media and information ] 4
 [ combatting online dangers ]
your right ends where the rights of other people begin
ONLINE DANGERS

CYBERADDICTION PIRACY

losing control over your behavior is defines as illegal distribution

and becoming self-destructive to and reproduction of copyrighted
the point it affects and others material
aspects of your life
FLAMING
CYBERBULLYING
sending angry, critical or
ridiculing or hurting someone disparging messages on the
online through offensive it internet
derogatory remarks and gasping
act of posting insults, often
among others
including profanity or other
IDENTITY THEFT offensive language

stealing or synonymous TROLLING

people who steal other people’s posting a deliberate inflammatory

information and use that profile to articles on an internet discussion
fool others board

IDENTITY FAKERS to antagonize (others) online by

deliberately posting inflammatory,
posing or synonymous
irrelevant, or offensive comments
who pose as another person to or other disruptive content
fool people
used to create division
HACKING
DIGITAL DIVIDE
or unlawful access to or control
refers to the socioeconomic and
over computer network security
educational disparity or
systems for some illicit purpose
inequalities which bar some
PHISHING people from accessing the
is a form of hacking wherein a internet
legitimate website is spoofed in VIRTUAL SELF
the attempt to collect private data
pertains to one’s representation
such as credit card information
in the virtual world which only
exists online

NETIQUETTE AND ISSUES IN NEW MEDIA

netiquette, a portmanteau of internet and etiquette is simply defined as etiquette

governing communication on the internet

some netiquette guidelines:

[ combatting online dangers ] 1

 be polite

acknowledge messages or emails you receive

review your message before sending

do not spam or circulate chain mail

ask permission before reposting or sharing someone’s personal post, photo and
video on social media

LIBEL LAW
— article 353 of the revised penal code of the Philippines defines libel as a “a public
and malicious imputation of a crime or a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or comtempt of a natural or judirical person, or to blacken the memory of one
who is dead”

defamation

libel — written or any publication

slander — in the public or presence of other people

THE ELECTRONIC COMMERCE ACT OF 2000

— republic act no. 8792 protects mostly financial and commercial transactions
online. this also covers hacking and illegal downloading of copyrighted materials

[ combatting online dangers ] 2

[ combatting online dangers ] 3
 [ media laws ]
INFORMATION SOURCES

Primary

creative work, diary, speech, letter, interview, news film, footage, autobiography,
photograph, official record, historical document, email, data from experiment,
lecture, tweet

first hand or original

Secondary

news commentaries, magazine articles, news articles, critical review of literary

scholar, textbooks, encyclopedia, research papers

interpretation, analysis, description of primary

Tertiary

bibliography, encyclopedias, databases, indexes

compilation of primary and secondary

TYPOLOGY OF INFORMATION

Factual VS Analytical

factual information include academic texts such as books, encyclopedia,

periodicals, or technical reports

analytical Information are feature articles, commentaries or reviews

Subjective VS Objective

subjective information include editorial section of a newspaper or web log

entries of prolific writers

objective information are scientific papers and news reports

Current VS Historical

current information refers to up to date or recent information such as newspaper

historical information are history books and artifacts

Stable VS Unstable

stable information may include print media

unstable information is obtained or published online

INDIGENOUS SOURCES

naturally occurring in a specific region or environment (e.g indigenous people, tribes

with preserved cultures and traditions)

[ media laws ] 1
 oral tradition passing down culture through narratives (legends, folktales, epics,
mythology)

THE LIBARY

Card Catalog

contains information about the library materials including author’s name, book,
title, and library section

types of card catalog: author, title, and subject

Online Public Access Catalogue (OPAC)

Classification

dewey decimal system

library of congress

INTERNET

a global network providing a variety of information and communication facilities,

consisting of interconnected networks using standardized communication protocols
(Cantor, 2016)

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (RA 8293)

Pearl and Dean (Phil.) Inc v Shoemart Inc. and North Edsa Marketing Inc. G.R No.
148222 August 15, 2003 Corona J.

copyright, trademark, patent

if the engineering or technical drawings of an advertising display unit (light box) are
granted copyright protection?

or should the light box be registered separately and protected as a patent

can the owner of a registered trademark legally prevent if it is a mere abbreviation

of a term descriptive of his goods, service or business?

Illustrative Case

plaintiff-appellant Pearl and Dean (Phil.), Inc (PDI) is a corporation engaged in the
manufacture of advertising display units simply referred to as light boxes

PDI was able to secure a certificate of copyright registration for the technical
drawings of light boxes

the advertising light boxes were marketed under the trademark “Poster Ads”

sometime in 1985, PDI negotiated with defendant-appellant Shoemart, Inc. (SMI) for
the lease and installation of light boxes in SM Makati and SM Cubao

[ media laws ] 2
 in 1986, SMI’s house counsel informed PDI that is was rescinding the contract for
SM Makati due to non-performance of the terms thereof

in 1989, PDI found out that exact copies of its light boxes were installed at different
SM stores

SMI’s sister company North Edsa Marketing Inc. (NEMI), was set up to sell
advertising space in lighted display units located in SMI’s different branches

PDI files this instant case for infringement of trademark and copyright, unfair
competition and damages

Makati RTC decided in favour of PDI. however, the Court of Appeals reversed the
trial court

on the issue of copyright infringement, the CA held that copyright was limited to the
drawings alone and not to the light box itself. simply put it, the light box was not a
literary or artistic piece which could be copyrighted under the copyright law

on the issue of patent infringement, PDI never secured a patent for the light
boxes. it therefore acquired no patent rights

on the issue of trademark infringement, PDI failed to secure a registration for

specific use on light boxes

Infringement — violation
RTC — regional trial court

SC RULING

the petition hereby DENIED and the decision of court of appeals is affirmed

is there a violation in copyright? the CA, the copyright was limited to drawings
alone not to the light box itself

copyright — artistic piece, literary work, original expression

is there a violation in patent? PDI only secured a copyright and trademark under
“Poster Ads”

is there a violation in trademark? — “Poster Ad” is too generic

protected by copyright law

[ media laws ] 3
 LAW ON COPYRIGHT

copyright is a legal concept that gives the creator of an original work exclusive rights
to it usually for a limited time

copyright shall be protected during the lifetime of the author and for 50 years after
his death

under the Philippine Law, the copyright infringement occurs, when there is a
violation of any of the exclusive economic or moral rights or granted to the copyright
owner.

Economic Right

rights of the author or copyright owner to derive financial reward from the use of his
work by others

right for financial reward

author or writer be able to make profit or earn from his or her original work

Moral Right

rights of the author to claim authorship of the work and the right to restrain the use
of his name with respect to any work not of his own creation or a distorted version of
his work

Fair Use Doctrine

fair use of a copyrighted work for criticism, comment, news reporting, teaching,
including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement

can use copyrighted materials without permission but for specific purpose only but
we have to acknowledge the author

[ media laws ] 4
 Fair Use Factors

a. the purpose and character of use

b. the nature of the copyrighted work (avoid copying or using highly artistic works
without the consent of the original author or creator)

c. the amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and (only a certain amount allowed by the law to use copyrighted
materials)

d. the effect of the use upon the potential market for or value of the copyrighted work

LAW ON TRADEMARK

is a work, name, symbol, or device adopted and used by a manufacturer or

merchant to identify his goods and distinguish them from them from those
manufactured or sold by others

a mark means any visible sign capable of distinguishing the goods (trademark) or
services (service marks) of an enterprise

a certificate of registration shall remain in force for ten years provided that the
registrant shall file a declaration of actual use and evidence to that effect

question of infringement of a trademark is to be determined by:

Dominancy Test

essential or dominant feature of a brand

if the competing trademark contains the main or essential dominant features of

another, and confusion and deception is likely to result

Holistic Test

entails a consideration of the entirety of the marks as applied to the products,

including the labels and packaging, in determining confusing similarity

LAW ON PATENT

exclusive right in an invention

invention has not solved any problems from other inventions???

functionality

patent is a set of exclusive rights granted by a state to an inventor or his asignee for
a fixed period of time in exchange for a disclosure of an invention

patentable invention is a technical solution of a problem in any field of human

activity which is new, involves an inventive step and is industrially applicable

patent registration is valid for 20 years counted from the filing date of application

[ media laws ] 5
 LAW ON INDUSTRIAL DESIGN

protecting the ornamental or aesthetic feature of a product

industrial designs is any composition of lines or colors or any three-dimensional

forms, whether or not associated with lines or colors provided that such composition
or form gives special appearance to and can serve as pattern for an industrial
product or handicraft

the registration of an industrial design shall be for a period of five years from the
filing date of the application

LAW ON GEOGRAPHICAL INDICATION

good for marketing tool (tourism)

a geographical indication (GI) are signs or indications used on a product to identify

the specific place from which the product is made

the GI product possesses a quality, characteristic or reputation essentially

attributable to its geographical origin for instance, soil, climate, and skills, traditions
and practices of the community among others

products identifies as potential GI products

bicol - pili

davao - pomelo

cordillera - heirloom rice

camiguin - lanzones

davao - cacao

kalinga - coffee

COMBATTING ONLINE DANGERS

[ media laws ] 6
 CYBERADDICTION

losing control over your behavior and becoming self-destructive to the point it
affects and others aspects of your life

CYBERBULLYING

ridiculing or hurting someone online through offensive it derogatory remarks and

gasping among others

[ media laws ] 7
 [ media laws — webinar ]
in digitization, advancement of social media, and technology:

opportunities challenges and risks

joining in a video conference privacy issues and safe spaces

internet addiction

illegal content

identity theft

sexual abuse and exploitation

cyberbullying

copyright infringement

historical distortion

information disorder

hate speech

human rights violation

issues related on our freedom and

speech

presented as legal and ethical issues

legal = application of laws with corresponding punishments or penalties for violation

ethical = set of our moral values that prescribe what is right and wrong

different from each other but overlap as laws are based on ethics

in medias, it goes beyond the do’s and don'ts that we need to follow

understanding = will be our guide to make informed decision with respect to

our preferences, habits, and lifestyles as producers and consumers of
media content

to record or not, to take a picture or not, to send or not, to upload or not, to

share or not, to post or not — we will be the ones making these decisions,
whatever it may be it will have real life consequences

making an informed decision is only possible when accessing relevant and

accurate information, identifying possible choices, understanding the
possible consequences of each choice, choosing the best option

we have the power and opportunity to decide to be responsible citizens online and
offline

LEGAL AND ETHICAL ISSUES SURROUNDING MEDIA AND INFORMATION

[ media laws — webinar ] 1

 the privacy of communication and correspondence shall be inviolable except upon
lawful order of the court or when public safety or order requires otherwise as
prescribed by law

Sec 3 Art. III 1987 Constitution Bill of Rights

constitution bill of rights — supreme law of the land, highest law of the PH,
contrary to the constitution will be held unconstitutional and will have no
course in effect

article 3 — bill of rights as citizens (privacy and communication)

inviolable — should not be dishonored, something that can never be

broken

right of privacy — right to be left alone, as a rule it can never be broken

and can never be infringed upon by the state and even our fellow men
however there are exceptions (can be intruded upon due to public
interests):

upon on lawful order or the court (RTC, MPC, Court of Appeals,

Supreme Court) — there is a substantial legal interest in intruding
to your privacy but it cannot be done so easily by police officers,
state authorities without court intervention

public safety requires otherwise as prescribed by law

privacy is something sacred and can not be intruded upon however the law creates
exceptions such as public interest:

in the case of people vs andre marti

who are public figures? for example our elected government officials, there
is a permissible intrusion into their privacy if the information to be sought
upon them is public in character, related to the duties and responsibilities of
elected officials of our government officials

[ media laws — webinar ] 2

 the right to privacy will yield if there is a public interest matter that is supposed
to be protected by the state, by the intrusion to the right to privacy

what can only be intruded upon? as far as their public life is concerned,
duties and responsibilities as government officials however an intrusion in
the private affairs and activities of the individual is not covered by the
exception to the right to privacy

PRIVACY

the right to be left alone

privacy cannot be intruded upon

privacy cannot be exploited upon

cannot be humiliated by our private activities

[ media laws — webinar ] 3

 DATA PRIVACY

leaning towards everyday data and in relation to social media data privacy

not to have private information disclosed

live freely from surveillance and intrusion by state authorities

data subject = us, example when you fill up a contact tracing form that's related to
the pandemic that establishment is called the data processor because we have
revealed our data

data processor has the obligation to keep our details confidential and private

they could only release their data if there is proper or lawful court order

any personal information is considered as data

extends not only to organizations that deal with personal details, whereabouts,
preferences of people but also certain people who are regarded as data processors

when you log in a exommerce platform, they are duty bound by the law not to
disclose our personal data

NATIONAL PRIVACY COMMISION

agency responsible for protecting our data

ensure compliance of the country w international standards set

RIGHTS UNDER THE DATA PRIVACY ACT

the right to be informed the right to damages

how will they store your data and you can seek damages in
where they will use your data monetary compensation because
of improper use and storage of
the right to access
data

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 can modify and change the date the right to file a complaint
you have given
you can complain when you
the right to object know that your information is
being misused and already being
you can object as to where they
divulged without your consent
would be using your data
file with the NPC
the right to erasure or blocking
the right to rectify
something that is known to
everyone correct information collected from
you
our data processors could be
asked to delete our data and the right to data portability
block them from using our data
to know where you information is
ask help from the National being stored
Privacy Commission

Writ of Habeas Data

remedy to any person whose right of privacy in life, liberty, or security is violated
by unlawful intrusion by a public official or employee or private individual
engaged in gathering and collecting and storing of data regarding the person of
the aggrieved party (right who was allegedly violated)

Ruling of Supreme Court in Vivares vs St Therese College — there was no violation

of the privacy of the students and the school was justified in imposing whatever
disciplinary actions they did because of the rules and regulations of the school

summary of the case: parang nagouting sila then nagpicture yung students
waist up in their undergarments and posted it tapos may nagpakita sa admin
and ang disciplinary action is hindi sila makakapagmarch sa graduation nila
since graduating students sila (in 2012)

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 right of privacy: reasonable expectation of privacy — in the public, there is no
reasonable expectation that your actions would be private and be protected
under the law, you have to create a reasonable expectation or expressly or tell
that your information/private/data is private

the court said that the nature of social media has no reasonable expectation
of privacy unless you create an expectation of privacy

a lot of people were able to see the photos, fellow students were able to
see the photos

the teacher did not intrude to the privacy of the students because it was
their fellow minor students who showed the photos of the students to the
teachers so there was no violation

the court said that there was no information and no proof and evidence that
the minor students who posted the photos of themselves only in their
undergarments had a reasonable expectation of privacy

In our social media age, how do we protect our privacy online?

we must be mindful on what we share in our social media because what we share
might already be violating the right to privacy of the people (screenshot or photos
during class and posted it in social medias tapos nakalagay yung number ng prof)

if nagpost ka ng only me and for some reason it got out, there is a breach
because the only me setting was violated

when you post a photo that was meant to be private or shared only to your
friends, but some people got it that is outside of the friend circle that you shared
with then that is a violation to your right of privacy

FREEDOM OF EXPRESSION

a guaranteed right under the constitution

in one provision of law, we are insured of four freedoms (speech, expression, press,
peaceably to assemble and petition the government of redress of grievances)

difference of speech and expressions (speech = speaking, expression = could

be in written form, form of art, presentation, video, or audio recording)

press — media practitioners or journalists

peaceably to assemble and petition the government of redress of grievances —

protests (when you have the proper permits or freedom parks you are
exercising your rights to peaceably assemble)

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 FOUR ASPECTS OF FREEDOM OF SPEECH AND THE PRESS

1. freedom from censorship or prior restraint

our government cannot pass any law or executive order which restrains us from
saying something

congress cannot create a law that says that we cannot speak about martial law
or history and limit us from what we can discuss

2. freedom of subsequent punishment to publication

when we publish something because we commemorated a historical event that

is for some people quite controversial, we cannot be charged with any crime for
printing or for voicing our opinions on a particular thing

3. freedom of access to information on matters of public concern

made through the FOI (freedom of information) and freedom of circulation

our newspapers cannot be limited by the state or government to where they can
only circulate and distribute their materials

4. freedom of circulation

freedoms, we can enjoy them but they are not absolute

our rights and freedoms end, where the freedom and rights of other persons begin

LIMITATIONS ON FREEDOM OF EXPRESSION

laws against obscenity and defamation

libel laws

right to privacy of an individual

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 friend disclosed something confidential to you like a secret, you are not at
liberty to share that secret

privacy of other people

right of the state to be protected from seditious attacks

legislative immunities

senator who makes a privilege speech, whatever may be disclosed in the

speech, the speech is protected from state intrusion

fraudulent matters

malicious and so evil

libelous defamations

PROTECTED SPEECH

in a matter that is not malicious, we have good motives in criticizing our officials

political speech — endorsing our desired candidate but limited to what is true

2013

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 comelec requested that the tarps would be removed of the diocese of bacolod
because it is considered as electoral offense

the supreme court categorized this as protected speech

the comelec does not have the authority to regulate who the diocese of
bacolod will endorse because they are not candidates, they are not political
parties, they do not have the power to regulate the tarpaulin posted by the
diocese of bacolod

CRIMES AGAINST HONOR

something about reputation, character about your personality that is being

dishonored and discredited of whom a natural person (human beings) or juridical
person

you can also file a case of libel in corporations when spreading lies about you

blacken the memory of a one who is dead (could also be a subject of libel) can
also be punished

KINDS OF DEFAMATION

libel

written defamation

cyberlibel

slander

oral defamation

slandered by deed

defamation through other actions

actions that are meant to humiliate and cause you dishonor

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 a priest was celebrating mass and during mass there was one parishioner na
may galit sa priest umakyat sa altar and slapped the priest

Revised Penal Code — list of all the crimes that you commit have a corresponding
penalty

LIBEL

public and malicious

element of publication

malicious — evil motive or intent to publish somethings

imputation of a crime — the fact that it was made public or maliciously, any act,
omission, commission, or circumstance pending to cause the dishonor, discredit or
contempt

Mr A said against Mr B “oh mamamatay tao ka naman” — Mr A is imputing Mr B

as a murderer

people who post in social media that someone is a scammer (that could be
libelous depending on the motive

using “bakla” in a derogative manner

FOUR ELEMENTS OF LIBEL

— according to the powerpoint — according to ma’am

1. imputation or allegation that tends to 1. imputation or allegation of a crime

dishonor or discredit a person vice defect

2. publication of the defamatory 2. publication

statement or article

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 3. the person is identifiable or at least as long as it has been heard or
identified seen by anyone or any third
person even if it is not the person
4. existence of malice
who is the subject of libel as long
as a third person other than you
was able to see what you posted
in social media or was able to
hear what you said there is
already an element to publication

3. identity of the person defamed must

be established

the person who is being libeled or

was being slandered must be
identifiable

you didn't put their name (a

person with an initials of EM
Perez teaching in AB is a
scammer — identifiable?
probably) even if you don't
disclose the name but put in hints
as to who that person is and is
identifiable then that will satisfy
this element of libel

1. malice

there is evil intent and there is wrong doing

MODES OF COMMITTING LIBEL:

1. writing

2. printing

3. lithography

4. engraving

5. radio, tv programs

6. phonograph

7. painting

8. theatrical exhibition

9. cinematographic exhibition

10. any similar means

MALICE

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 as a rule, malice is presumed, except in privileged communications

even if you say na hindi sya malicious, it is presumed or it is up to you to prove that
there was no malice or no intent that you have good motivation for saying that
statement or for publishing a particular thing

Is truth a defense in libel?

we distinguish between a private and a public individual

you were alledging that a politician is corrupt — is the truth that the politician is
corrupt a defense that you can use in libel?

as a general rule, truth is not a defense in libel especially when there is malice
in the way you wrote or publish it, in the way you spoke about a private or public
individual

however, as an exception, truth is a defense in libel that this person is a

scammer/cheater/murderer/corrupt when you have proof of truth + good
motives in publishing the matter

concerning public officials because in the age of social medias a lot of us

are very critical about our public officials as we should be, when the one
who was allegedly libeled the public official and the statement is related to
the official duties of a public official, truth of the fact that this person is
corrupt, truth that this person has been charged with several crimes can
lead to acquittal

in government officials, why is truth a defense? there is already a public

interest component, you are merely exposing the truth and saying a fact
because what the libelous statement pertains to is in the discharge of
official duties

1999

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 statement is published and statements similar to this published in a newspaper

Erwin Tulfo was convicted of libel because this was a libelous statement

the element of malice is there, because of the way the statement was written

when we are exposing that is true, we must also be mindful of how we express
the truth in such a way that is not defamatory, not libelous and we do not have
malice

Cyber libel is libel committed through the use of a computer system or any other
similar means — Republic Act No. 10175, Cybercrime Prevention Act

punished one degree higher than mere libel

penalty for libel: imprisonment from 6 months and 1 day to 2 years and 4 months
medium period (any period between 6 months to 4 months, 4 years to 2 months) or
a fine from 200 pesos to 6000 pesos or both — monetary fine and imprisonment

penalty for cyberlibel: 6 years and 1 day to 10 years

when you post in social media a libelous statement, it is cyber libel punished one
degree higher

why is the serve time higher in cyberlibel? nature of social media that is
prevalent and we are so immersed in our lives so that is why libel committed
through computer means like socmed because of the public nature of social
media (more reach, more people)

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 INTELLECTUAL PROPERTY RIGHTS
— intellectual property code of the Philippines

trademarks

copyrights

patents

utility model

TRADEMARK

any distinctive word, name, symbol, emblem, sign, or device or any combination
thereof, adopted and used by a manufacturer or merchant on his goods to identify
and distinguish them from those manufactured, sold, or dealt by others

How do i register a trademark?

are all trademarks registrable? how long will the protection of my mark last?

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 trademark = branding

you register it in the IPOPHIL and registration lasts for 10 years , the process is in
their website

there are marks which cannot be registered

brands or logos that contain obscene words, derogatory photos or pictures

cannot be trademark

INFRIGEMENT

when you copy or imitate trademarks of a registered mark and the parameter of it is
“likelihood of confusion”

attribution — where do you get your photos for your ppt, who is the owner

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 — the dominant test = totality of the mark

COPYRIGHT

collection of all rights enjoyed by the owner of an artistic or literary work

where does it apply?

literary and other artistic works

report, ppt, paper, letter, music, paint, sculp, write for newspaper, publish a
book

protected from the moment of creation

do not need to register

ORIGINAL WORKS DERIVATIVE WORKS

episode of a show trailer of a show skulled (?) from that

particular episode

derived from original works

protected under the law

however, there are some matters that are not copyrightable:

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 How do I register my copyright?

protected from the moment of creation

but to be sure register your copyrighted works:

deposit a copy with the national library — they will give u a certificate that your
book is copyrighted

registration with the IPOPHIL

intellectual property rights or copyright:

ECONOMIC RIGHTS MORAL RIGHTS

right to get paid for your work that the right to attribution
you do
perpetual
a tv program wants to use the music
you saw several photos from a ppt,
you compose or the song you sang
attribute them by placing the source
or wrote
where i got the picture, which
they cannot use it without your websites they got these photos from
consent, they need to pay you
you took a particular photo and a
you should be compensated news publication wants to use it for
free, you have the option to give it for
free but take note that they have to
attribute to you that particular work or
photo

WHO OWNS THE COPYRIGHT?

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 we must learn to separate the artistic or literary work from the copyright

you may own a book but you do not own the copyright to that book, the owner and
the author and the publishers own the right to that book.

you may own a copy or have an access to the latest song because of spotify but
you do not own the copyright to that song. you do not have the authority to give
someone the permission to use it

HOW LONG DOES A COPYRIGHT LAST?

usually it is 50 years from the death of the copyright owner

during your lifetime + 50 years after the death

after 50 years of death, it will enter the public domain

works in public domain does not have copyrights anymore and therefore are
free for use by the public

if you validate a copyright of a person, it is called copyright infringement

any person without consent of the owner of the copyright would use the copyrighted
materials whether for commercial or non commercial purposes

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 — there is copyright in the internet

WORLD INTELLECTUAL PROPERTY ORGANIZATION ON COPYRIGHT

TREATY

the PH is the signatory, copyright owners are protected even if there work is
shared on the internet

always ask permission to the owner, when you have the permission always
include the owners full name and website

THE POINT OF LEGAL AND ETHICAL ISSUES SURROUNDING MEDIA

has always been:

1. be mindful of the rights of others

2. be careful about what you share on social medias

3. always be careful and mindful with all the things you share whether on social
medias and in public

Q AND A PORTION

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 can the students tell the teachers to record the lectures? no, because recording is
always at the option of the teacher unless it is a policy of the school that they would
require all sessions would be recorded

academic freedom — profs has the rights to protect their lectures and ppt
(subject to copyright)

if one objects out of n students, the recording cannot proceed unless the
student will say for the sake of the class sige nalang or they will not attend

what if the group of students researching on a certain topic already placed in the
research that they have already given a consent letter to the participants, do they
still have to secure a permit from the research ethics committee?

obtaining permission from the ethics committee will depend on the guidelines
imposed by the school on data protection and what kind of information it its and
guidelines for thesis

is it also considered protected speech when the comedy was offending someone?

comedy is protected speech because of the nature of comedy and satire but if it
crosses a particular line when the comedy becomes malicious (bad faith, evil
intent or evil motive) in doing the comedy if its considered libelous

always look in the intent of the person

intent is very material — in libel if its true if Mr A is a corrupt politician and was
sentenced by court for being corrupt and wrote an article about corrupt
practices and you were accused of libel, the proof of truth and good motive
could be used to acquit you (to hold you not guilty)

will you be liable for libel if you're intent is to criticize someone?

subjudism?? — cannot comment on ongoing cases but

for example you criticized a lavish wedding it depends on how you couch or
formulate your words in such a way it is not libelous

when it comes to public officers they are really held more accountable for their
actions that is why we are free to criticize them but do it in such a way na hindi
lalagyan ng obscene words (constructive not destructive)

INTENT VS MOTIVE

Mr A is very much angered sa father nya because napagalitan and lagi

napapagsabihan ni father and because of this Mr A was contemplating whether
to do bodily harm to the father

Mr A because of his anger because of the fight stabbed the father which
resulted in injury and the intent is to hurt but the motivating factor is the
anger

motive = factor that gives rise to the action, whether you do the action or not
that is the intent

intent = willful, whether you act or not

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 can law be applied retroactively? law does not apply retroactive especially criminal
cases because there is a legal maxim called BASTA AYON meaning at that time it is
not a crime then it cannot be punished because at the time you were doing it it is
not yet a crime

law should be applied prospectively

some laws can be applied retroactively especially when it benefits the people
(change of name) but when it comes to crimes because of the imprisonment
component and deprivation of liberty it is not allowed to be applied retroactively

the law looks forward not backward

what if kunyare ginaya yung apple but instead banana? or from Instagram nagging
graminsta? does it cause infringement? no

infringement — likelihood of confusion

how can ones original works be protected online? how can artists prevent their
works from being commercialized without their permission?

creative works — upload in a safe environment online

reputable sites, read the privacy policy

work itself — put a watermark na hindi sya madali macrocrop

preventing — call them out ganern slay or send them a letter

prior use — object to registration (para mawave off yung magaapply na same work,
to prove na ikaw talaga yung gumawa) prior use — nasa kanya yung priority

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